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The court applied the 2019 statutory deductible, fixed prejudgment interest at 1%, and awarded the plaintiff substantial costs due to the defendant's settlement intransigence.
This endorsement addresses three issues arising from a prior trial judgment: the statutory deductible for non-pecuniary damages, the prejudgment interest rate, and the costs of the action.
The court determined that the 2019 statutory deductible applied, reducing the net non-pecuniary damages.
The prejudgment interest rate was fixed at 1%, rejecting the plaintiff's request for a higher rate due to the defendant's conduct.
On costs, the court found the plaintiff was entitled to partial indemnity costs up to the Rule 49 offer date and substantial indemnity costs thereafter, criticizing the defendant's inflexible settlement approach.
The court adjusted the plaintiff's requested hourly rates and disbursements, ultimately fixing fees at $300,000 plus HST and disbursements at $39,864.56 plus HST.
Care benefits limited to post-surgery recuperation period; prior disability benefits do not constitute employment income.
The applicant was injured in a motorcycle accident and claimed statutory accident benefits, including care benefits for his wife who took time off work to care for him, and weekly income benefits.
The arbitrator found that the applicant required full-time care only during his two-month recuperation from spinal surgery, awarding care benefits for that period but denying them thereafter, as his ongoing vertigo and orthopaedic injuries did not necessitate 24-hour supervision.
On the issue of income benefits, the arbitrator held that the applicant's prior workers' compensation and no-fault benefits did not constitute 'income from employment', meaning his weekly benefits had to be calculated based on the statutory deemed minimum earnings.
The arbitrator remained seized of the insurer's claim for repayment of an alleged overpayment pending a pending Divisional Court ruling.
